60 Day Notice

3235-0701.pdf

Rule 18a-1 – Net Capital Requirements For Security-Based Swap Dealers For Which There Is Not a Prudential Regulator

60 Day Notice

OMB: 3235-0701

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41152

Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices

IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
• Use the Commission’s internet
comment form (http://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
ICC–2022–008 on the subject line.
Paper Comments

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Send paper comments in triplicate to
Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549.
All submissions should refer to File
Number SR–ICC–2022–008. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (http://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filings will also be available for
inspection and copying at the principal
office of ICE Clear Credit and on ICE
Clear Credit’s website at https://
www.theice.com/clear-credit/regulation.
All comments received will be posted
without change. Persons submitting
comments are cautioned that we do not
redact or edit personal identifying
information from comment submissions.
You should submit only information
that you wish to make available
publicly. All submissions should refer
to File Number SR–ICC–2022–008 and
should be submitted on or before
August 1, 2022.

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[FR Doc. 2022–14634 Filed 7–8–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION

Electronic Comments

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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
J. Matthew DeLesDernier,
Assistant Secretary.

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[SEC File No. 270–649; OMB Control No.
3235–0701]

Proposed Collection; Comment
Request; Extension: Rule 18a–1
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the existing collection of information
provided for in Rule 18a–1 (17 CFR
240.18a–1), under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.) (‘‘Exchange Act’’). The
Commission plans to submit this
existing collection of information to the
Office of Management and Budget
(‘‘OMB’’) for extension and approval.
Rule 18a–1 establishes net capital
requirements for nonbank securitybased swap dealers that are not also
broker-dealers registered with the
Commission (‘‘stand-alone SBSDs’’).
First, under paragraphs (a)(2) and (d) of
Rule 18a–1, a stand-alone SBSD may
apply to the Commission to be
authorized to use internal value-at-risk
(‘‘VaR) models to compute net capital,
and a stand-alone SBSD authorized to
use internal models must review and
update the models it uses to compute
market and credit risk, as well as backtest the models. Second, under
paragraph (f) of Rule 18a–1, a standalone SBSD is required to comply with
certain requirements of Exchange Act
Rule 15c3–4 (17 CFR 240.15c3–4). Rule
15c3–4 requires OTC derivatives dealers
and firms subject to its provisions to
establish, document, and maintain a
system of internal risk management
controls to assist the firm in managing
the risks associated with business
activities, including market, credit,
leverage, liquidity, legal, and
operational risks. Third, for purposes of
calculating ‘‘haircuts’’ on credit default
swaps, paragraph (c)(1)(vi)(B)(1)(iii) of
Rule 18a–1 requires stand-alone SBSDs

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16 17

CFR 200.30–3(a)(12).

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that are not using internal models to use
an industry sector classification system
that is documented and reasonable in
terms of grouping types of companies
with similar business activities and risk
characteristics. Fourth, under paragraph
(h) of Rule 18a–1, stand-alone SBSDs
are required to provide the Commission
with certain written notices with respect
to equity withdrawals. Fifth, under
paragraph (c)(5) of Appendix D to Rule
18a–1 (17 CFR 240.18a–1d), stand-alone
SBSDs are required to file with the
Commission two copies of any proposed
subordinated loan agreement (including
nonconforming subordinated loan
agreements) at least 30 days prior to the
proposed execution date of the
agreement. Finally, under paragraph
(c)(1)(ix)(C) of Rule 18a–1, a nonbank
SBSD may treat collateral held by a
third-party custodian to meet an initial
margin requirement of a security-based
swap or swap customer as being held by
the nonbank SBSD for purposes of the
capital in lieu of margin charge
provisions of the rule if certain
conditions are met. In particular, the
SBSD must execute an account control
agreement and must maintain written
documentation of its analysis that in the
event of a legal challenge the account
control agreement would be held to be
legal, valid, binding, and enforceable
under the applicable law.
The aggregate annual burden for all
respondents is estimated to be 21,024
hours. The aggregate annual cost burden
for all respondents is estimated to be
$2,598,500.
Written comments are invited on: (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimates of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted by
September 9, 2022.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
Please direct your written comments
to: David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington,

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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices
DC 20549, or send an email to: PRA_
[email protected].
Dated: July 5, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–14635 Filed 7–8–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–95196; File Nos. SR–NYSE–
2021–67, SR–NYSEAMER–2021–43, SR–
NYSEArca–2021–97, SR–NYSECHX–2021–
17, SR–NYSENAT–2021–23]

Self-Regulatory Organizations; New
York Stock Exchange LLC, NYSE
American LLC, NYSE Arca, Inc., NYSE
Chicago, Inc., and NYSE National, Inc.;
Notice of Withdrawal of Proposed Rule
Changes To Amend Their Respective
Fee Schedules To Offer Colocation
Users Wireless Connectivity to CME
Group Data and Establish Associated
Fees
July 5, 2022.

On November 3, 2021, New York
Stock Exchange LLC (‘‘NYSE’’), NYSE
American LLC, NYSE Arca, Inc., NYSE
Chicago, Inc., and NYSE National, Inc.
(collectively, the ‘‘Exchanges’’) each
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Exchange Act’’
or ‘‘Act’’) 1 and Rule 19b–4 thereunder,2
a proposed rule change to amend their
respective fee schedules for colocation
services to offer wireless connectivity to
CME Group, Inc. (‘‘CME Group’’) market
data (‘‘CME Group Data’’) and establish
associated fees. Each proposed rule
change was immediately effective upon
filing with the Commission pursuant to
Section 19(b)(3)(A) of the Act.3 The
proposed rule changes were published
for comment in the Federal Register on
November 18, 2021.4
On December 17, 2021, the Division
of Trading and Markets, acting on behalf
1 15

U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 See Securities Exchange Act Release Nos. 93563
(November 12, 2021), 86 FR 64561 (November 18,
2021) (SR–NYSE–2021–67) (‘‘Notice’’); 93561
(November 12, 2021), 86 FR 64580 (November 18,
2021) (SR–NYSEAMER–2021–43); 93564
(November 12, 2021), 86 FR 64570 (November 18,
2021) (SR–NYSEArca–2021–97); 93565 (November
12, 2021), 86 FR 64556 (November 18, 2021) (SR–
NYSECHX–2021–17); and 93567 (November 12,
2021), 86 FR 64576 (November 18, 2021) (SR–
NYSENAT–2021–23). Comments received on the
Notices are available on the Commission’s website
at: https://www.sec.gov/comments/sr-nyse-2021-67/
srnyse202167.htm. For ease of reference, citations to
the Notice(s) are to the Notice for SR–NYSE–2021–
67.

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of the Commission by delegated
authority, issued an order instituting
proceedings under Section 19(b)(2)(B) of
the Act 5 to determine whether to
approve or disapprove the proposed
rule changes.6 On May 12, 2022,
pursuant to Section 19(b)(2) of the Act,7
the Commission designated a longer
period for Commission action on the
proceedings to determine whether to
approve or disapprove the proposed
rule changes.8
On June 30, 2022, the Exchanges
withdrew their respective proposed rule
changes (File Nos. SR–NYSE–2021–67,
SR–NYSEAMER–2021–43, SR–
NYSEArca–2021–97, SR–NYSECHX–
2021–17, SR–NYSENAT–2021–23).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–14636 Filed 7–8–22; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–95197; File No. SR–DTC–
2022–007]

Self-Regulatory Organizations; The
Depository Trust Company; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Amend
the Reorganizations Service Guide
July 5, 2022.

Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on June 28,
2022, The Depository Trust Company
(‘‘DTC’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change as described
in Items I, II and III below, which Items
have been prepared by the clearing
agency. DTC filed the proposed rule
change pursuant to Section 19(b)(3)(A)
of the Act 3 and Rule 19b–4(f)(4)
thereunder.4 The Commission is
publishing this notice to solicit
U.S.C. 78s(b)(2)(B).
Securities Exchange Act Release No. 93810
(December 17, 2021), 86 FR 73026 (December 23,
2021).
7 15 U.S.C. 78s(b)(2).
8 See Securities Exchange Act Release No. 94899
(May 12, 2022), 87 FR 30321 (May 18, 2022). The
Commission designated July 16, 2022, as the date
by which it should approve or disapprove the
proposed rule changes.
9 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(4).

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6 See

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comments on the proposed rule change
from interested persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The proposed rule change 5 consists of
amendments to the Guide to provide
Participants with the option to submit
voluntary reorganizations instructions
via Application Program Interface
(‘‘API’’) and ISO 20022 real-time
messaging (collectively, ‘‘Automated
Instruction Messaging’’) for Automated
Subscription Offer Program (‘‘ASOP’’)eligible offers (each, an ‘‘ASOP Offer’’) 6
and for Automated Puts System
(‘‘APUT’’)-eligible offers (each, an
‘‘APUT Offer’’),7 and to make technical
and ministerial changes to the Guide, as
discussed more fully below.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission, the
clearing agency included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
clearing agency has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of such statements.
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
1. Purpose
The purpose of the proposed rule
change is to amend the Guide to provide
Participants with the option to submit
voluntary reorganizations instructions
via Automated Instruction Messaging
for ASOP Offers and APUT Offers, and
to make technical and ministerial
5 Each term not otherwise defined herein has its
respective meaning as set forth in the Rules, ByLaws and Organization Certificate of DTC (the
‘‘Rules’’) and the Reorganizations Service Guide
(the ‘‘Guide’’), available at http://www.dtcc.com/
legal/rules-and-procedures.aspx.
6 When an agent makes a rights offer through
ASOP, a Participant can submit instructions to DTC
for transmission to the agent, surrender its rights to
the agent’s account at DTC, and have its DTC
account debited for the associated subscription
payment. When the underlying securities are
distributed by the agent, DTC credits the securities
to the account of the Participant.
7 A Participant can submit instructions to DTC for
the exercise of payment, retainment and
relinquishment options on put options securities for
transmission to the agent, surrender its put
securities to the agent’s account at DTC and have
its DTC account credited with the payment. APUT
allows agents to review and reconcile all the
instructions that were made for an offer.

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